Canadian Truckers Laud Final ELD Rule, Including Third Party Certification

(Toronto, June 13, 2019) –Transport Minister Marc Garneau has shown great leadership in delivering an electronic logging device (ELD) rule which, according to the Canadian Trucking Alliance, will catapult Canada ahead of the U.S. in terms of highway safety and compliance.

CTA says today’s announcement finalizing the rule delivers on the Council of Transportation Ministers’ and First Ministers’ commitment to the industry that a mandatory, made-in-Canada ELD regulation would be introduced nationally as soon as possible.

Most importantly, the final rule requires all drivers currently required to maintain a logbook to operate a third-party certified ELD in Canada by June 2021. Transport Canada had been consulting with CTA, provincial enforcement agencies, committed ELD suppliers and other industry stakeholders since the publication of Canada Gazette I in December 2017 to review the proposed regulatory language and make additional safety improvements meant to maintain the integrity of the rule and protect the industry against hours of service non-compliance and tampering of ELD equipment.

The structure and cycle limits of the hours of service rules established in 2005 – based on years of consultation with sleep professionals, industry and government – are not changing. They will simply require electronic accounting from an ELD when the rule goes into effect.

Today’s announcement also accelerates the implementation timeframe for ELDs from the four years as originally proposed in Gazette I down to two years and, says CTA, demonstrates the effectiveness of the Canadian rulemaking process to ensure the regulatory foundations of the trucking industry are based on safety, competitiveness and counterbalance some of the operational demands placed on it by the supply chain.

“The vast majority of our companies and drivers in our industry fully comply with hours of service rules, but, undoubtedly, the implementation of tamperproof, third-party ELD devices will further enhance safety and help ensure all drivers and companies hold themselves to the highest levels of compliance,” said CTA Chair Scott Smith.

According to Transport Canada, fatigue in both truck and passenger car drivers is a factor in about 20 per cent of all collisions. There are about 9,400 HOS-related convictions per year in Canada and the introduction of certified ELDs will be a driving force in reducing these cases.

Hours of service rules and truck safety quickly became a national topic after the tragic Humboldt Bus collision. The majority of violations and convictions brought against the truck driver and company involved in that crash were related to hours of service compliance.

“Third-party certification of ELDs is critical for hours of service compliance and fatigue management as the technology behind ELD devices is key to ensuring drivers and companies follow their work-rest cycles,” says Stephen Laskowski, President, Canadian Trucking Alliance. “As we learned from the previous era of paper logbooks, the non-compliant segment of our industry, while a minority, have a history of finding workarounds of the rules. We must ensure that there are no gaps or opportunities to manipulate the technology and that compliance is the only option.

“Minister Garneau has shown true vision and leadership with this direction.”

CTA would also like to commend the work of the Canadian Council of Motor Transport Administrators (CCMTA), CTA Team Canada and ELD suppliers for helping create a third-party regime. CTA will soon be launching an education campaign in the trade media for the carrier and shipper communities on the impact of third-party ELDs.

The Alliance will also be working with ELD manufacturers and suppliers to promote individual companies’ efforts and commitments toward becoming third-party certified.

For a summary of the ELD regulation, including links to the Gazette II announcement and technical standard, click here.

Additional Industry Commentary:

“The inclusion of third-party certifications into the Canadian ELD mandate will strengthen the industry while removing the burden of compliance from carriers. These new rules align with the deep commitment Omnitracs carries on to the well-being of every carrier and driver on the road. We appreciate Transport Canada working with us as we developed flexible ELD solutions that meet technical standards and can adapt to any future changes in regulation.” – Ray Greer, CEO, Omnitracs, LLC

“A reliable and well-supervised third-party certification process will lead to better compliance and global practices across the industry. Unlike the self-certification authorized by the FMCSA, which has revealed some weaknesses, third-party certification will ensure a universal standard for ELD providers and allow regulation to achieve its objective: to make the roads safer. The responsibility for device compliance will lie with those who should be accountable – the suppliers and not the carriers.” – Jacques DeLarochelliere, president, ISAAC Instruments.

“EROAD fully supports the third-party certification requirement for ELDs in Canada. EROAD voluntarily completed third-party certification of our U.S. ELD product, which gives confidence to carriers that the ELD solution they use complies with the requirements and assures compliance.” –Norm Ellis, president, EROAD North America

"As a leading electronic logs provider for nearly two decades, we recognize the impact these solutions have in making the roads safer for everyone. We are committed to helping Canadian fleets navigate this regulation and implement ELDs to improve their safety and fully comply with the mandate." -- Jon Passman, Chief Product and Marketing Officer for Trimble's Transportation Division.

“The Quebec Trucking Association fully supports the complete implementation of ELDs as it will ensure a level playing field for all carriers. The QTA congratulates the work done by the CTA, Minister Garneau and all the other provincial associations in taking a leap forward to guarantee a better future for the trucking industry.” – Marc Cadieux, president, Quebec Trucking Association.

“As an industry we are committed to improving road safety. Today’s announcement is a big step in the right direction and initiates the countdown toward the elimination of paper logbooks as a legal compliance option. The Canadian introduction of third-party certification of ELD devices will also ensure that the non-compliant operators in our sector cannot find workarounds to hours of service compliance in an electronic monitoring environment.” –David Carruth, Chairperson, Ontario Trucking Association.

The BC Trucking Association is committed to improving road safety. Today’s announcement not only implements ELDs but also provides for a robust, supervised third-party certification protocol which will lead to better compliance practices across our industry. It’s a big, important step to ensure that our roads are safer for everyone. – Dave Earle, president, BC Trucking Association.

“The AMTA thoroughly supports the adoption of the mandatory ELD regulation and applauds Transport Minister Marc Garneau and the CTA for their ongoing work. This announcement reinforces the need for driver accountability, and the direct correlation between driver fatigue and highway safety.” – Andrew Barnes, Director of Compliance and Regulatory Affairs, Alberta Motor Transport Association